A, a passer-by, sees B beating his wife mercilessly. A gives a blow to B who dies immediately at the spot. What offence, if any, has ‘A’ committed? Give reasons for your answer.

Question: A, a passer-by, sees B beating his wife mercilessly. A gives a blow to B who dies immediately at the spot. What offence, if any, has ‘A’ committed? Give reasons for your answer. [Bihar Civil Services Exam, 1982]

Find the answer to the mains question only on Legal Bites. [A, a passer-by, sees B beating his wife mercilessly. A gives a blow to B who dies immediately at the spot. What offence, if any, has ‘A’ committed? Give reasons for your answer.]

Answer

Section 97 of IPC provide the right of private defence of the body and of property, It states that “every person has a right, subject to the restrictions contained in Section 99, to defend-

First- His own body, and the body of any other person, against any offence affecting the human body;

Secondly– The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief, or criminal trespass, or which is an attempt to commit theft, robbery, mischief, or criminal trespass.”

The section vests rights even in strangers for the defence of the body and property of the other persons against offences mentioned therein. The offence includes its attempt as well.

The Indian law in this regard is wider than the corresponding provision in English law. Under Indian law, even a stranger may defend the person or property of another person while in English law there must be some kind of relationship like a husband and wife, master and servant, etc. before the right can be exercised for or on behalf of another.

In this case, A sees B mercilessly beating his wife C. Thus, A has the right to defend the body of C., The question to be considered is the extent of the right. It is difficult to expect from a person exercising the right of private defence in good faith, to weigh with ‘golden scales’ what maximum amount of force is necessary to keep within the right. It will be wholly unrealistic to expect a person under assault to modulate his defence step by step.

It is evident from the facts that there was a simple assault by B on his wife C. Thus, it cannot be said that there was any reasonable apprehension of death or grievous hurt due to assault, Therefore, according to section 101, IPC the right of private defence would extend to the voluntarily causing of any harm other than death, But here the death of B has been caused by A and the right of private defence is exceeded. The facts of this case also provide that A has acted under grave and sudden provocation. Hence, A is guilty of culpable homicide punishable under section 304 Part II, IPC.

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